Deepak vs The State Of Madhya Pradesh
2021 Latest Caselaw 6420 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-48225-2021 Deepak Vs. State of MP and anr.

Gwalior, Dated: 04-10-2021

Shri Rajiv Shrivastava, Counsel for the applicant.

Shri R.K. Awasthi, Counsel for the State.

Case diary is available.

This second application under Section 439 of CrPC has been

filed for grant of bail. First application was dismissed for want of

prosecution by order dated 29.07.2021.

The applicant has been arrested on 08.08.2020 in connection

with Crime No.121/2020 registered by Police Station Karera Distt.

Shivpuri for offence punishable under Sections 363, 366, 376 of IPC

and Sections 3(1)(w)(ii) and 3(2)(v) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act.

It is fairly conceded by the counsel for the applicant that the

prosecutrix has been examined and she has supported the prosecution

case. However, feeble attempt was made by the counsel for the

applicant to show that the prosecutrix is not reliable and credible

witness.

In view of the judgment passed by the Supreme Court in the

case of Satish Jaggi Vs. State of Chhattisgarh reported in (2007) 11

SCC 195, reliability and credibility of a witness cannot be looked

into by this Court at the stage of bail.

Since the prosecutrix has supported the prosecution case, no

THE HIGH COURT OF MADHYA PRADESH MCRC-48225-2021 Deepak Vs. State of MP and anr.

case is made out for grant of bail.

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge

Abhi ABHISHEK CHATURVEDI 2021.10.04 17:56:30 +05'30'